Living Under The Laws They Make

January 13, 1995

Symbols matter, and both the House and the Senate acted quickly in their new session to dispose of one that has become a heavy political albatross-the practice of exempting Congress from a dozen or so laws on discrimination and workplace safety that apply to just about every other employer in America. Republicans had promised to end the exemptions as one of the first items in their "Contract with America," and Democrats climbed aboard to pass the measure 429-to-0 in the House and 98-1 in the Senate.

Contrary to timeworn GOP campaign oratory, the old custom was not as scandalous as it sounds. But the change was nonetheless wise as well as politically inescapable.

Most Americans who decry the exemptions are not aware that Congress has its own internal regulations that parallel the requirements of most of the laws in question. Employees who feel they have been discriminated against are free to file complaints to remedy the injustice, and some do.

The crucial difference is that enforcement lies with congressional bodies, rather than the executive branch and the courts-a difference supposedly intended to protect the constitutionally mandated separation of powers. But members of Congress have been less than zealous in forcing their colleagues to comply, making the legal protections somewhat weak.

And in the case of occupational safety and health, less than weak: That law doesn't apply at all. When a former OSHA compliance officer was invited to inspect the congressional buildings last year, she found such hazards as poor lighting, bad wiring, a shortage of exits and an absence of smoke detectors. That discovery supports the view that such exemptions breed arrogance and indifference.

They also have spared Congress from fully confronting the burdens placed on private companies when it forbids discrimination against the disabled or orders employers to grant leave to workers for childbirth and other family obligations. Critics, such as Alaska Republican Sen. Ted Stevens, complain about the cost of bringing Congress under these laws. But if Congress has to manage the expense, it may write the laws so as to minimize the expense-to Congress and every other employer.

That reality finally grew too obvious for lawmakers to ignore. Many Americans feel their elected officials live in a privileged world, oblivious to the needs of ordinary people. This change will help to change attitudes in Congress and perceptions outside.